The Board Governing the Recording of Judicial Proceedings (the“Board”)received a request for an advisory opinion relating to whether a certified court reporter, hired by an attorney to take a transcript of an administrative proceeding, may sell copies of the transcript to persons other than the hiring attorney.

II. Factual Background

A certified court reporter was hired by an attorney representing the applicant to take the transcript of the proceedings for his client before the New Mexico Medical Review Commission. Following the proceeding, the certified court reporter received a request for a copy of the transcript from the attorney for the respondent. The attorney for the applicant objected to the certified court reporter selling copies of the transcript to all other persons.

III. Discussion

The Board finds the discussion contained in the National Court Reporter’s Association Code of Professional Ethics Public Advisory Opinion 26:“SellingTranscript Copies of an Open or Public Meeting” fully articulates the position of the Board as to this issue and hereby adopts the same,in toto.1A copy of this Advisory Opinion 26 is attached to this Advisory Opinion as Appendix A.

IV. Conclusion

The request for advisory opinion failed to state whether the transcript taken by the certified court reporter was the official record of the proceeding. Whether the certified court reporter can sell copies of the transcript to persons other than the hiring attorney, without the hiring attorney’s consent, will, in all cases, turn upon whether the transcript prepared by the certified court reporter was the official record. If the certified court reporter was taking the official record, then the certified court reporter not only may, but has the obligation to make the official record available to all parties. Rules 22- 505(1), (8), (9), & (10); Rule 22-605(B). If the certified court reporter, however, was not taking the official record, then the certified court reporter, is absolutely barred from selling or providing copies of the transcript to persons other than the hiring attorney without the hiring attorney’s consent. Rules 22-505(2), (4), (9), & (10); Rule 22-605(B).